WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in GROUP FITNESS
CLASSES (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to
participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives
(hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents
or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this
WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of
action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge P&L FITNESS L.L.P. , located at 2614 130th St. Suite
3 1 , Lubbock, Texas 79423, their affiliates, managers, members, agents, attorneys, staff,
volunteers, heirs, representatives, predecessors, successors and assigns (collectively
"Releasees"), from any physical or psychological injury that I may suffer as a direct result of my
participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE
RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT
ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,
ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT
THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE,
CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM
CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all
claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise
brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or
failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
In the event that I should require medical care or treatment, I authorize P&L Fitness L.L.P. to
provide all emergency medical care deemed necessary, including but not limited to, first aid,
CPR, the use of AEDs, emergency medical transport, and sharing of medical information with
medical personnel. I further agree to assume all costs involved and agree to be financially
responsible for any costs incurred as a result of such treatment. I am aware and understand that I
should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and
mental limits and may carry with it the potential for death, serious injury, and property loss. I
agree not to participate in the Activity unless I am medically able and properly trained, and I
agree to abide by the decision of the P&L Fitness L.L.P. official or agent, regarding my approval
to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND
RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I
EXPRESSLY AGREE TO RELEASE AND DISCHARGE P&L Fitness L.L.P.AND ALL OF ITS
AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,
HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR
WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST P&L
Fitness L.L.P. FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this
release is also for such negligence on the part of P&L Fitness L.L.P., its agents, and employees.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any
conflict of law principles. This Release supersedes any and all previous oral or written promises
or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or
my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for
any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE
DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL
SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be
interpreted as an agreement between two parties of equal bargaining strength. Both Participant and P&L Fitness L.L.P. agree that this agreement is clear and
unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or
explain the terms of this agreement, but that it will be interpreted based on the language in
accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be
severable or invalid, or if any term, condition, phrase or portion of this agreement shall be
determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall
remain in full force and effect. If a court should find that any provision of this agreement to be
invalid or unenforceable, but that by limiting said provision it would become valid and enforceable,
then said provision shall be deemed to be written, construed and enforced as so limited.